Section 6D - Appointment of Public Access Deputy Commissioner
Extract of legislation
|6D||Appointment of Public Access Deputy Commissioner|
|(1)||The Governor in Council may appoint an eligible person as the Public Access Deputy Commissioner.|
|(2)||A person is not eligible for appointment as the Public Access Deputy Commissioner if the person is—|
|(a)||a member of the Parliament of Victoria or of the Commonwealth or of another State or a Territory; or|
|(b)||a member of a council.|
|(3)||A person may hold office as Public Access Deputy Commissioner for not more than 2 terms (whether consecutive terms or otherwise).|
Appointing the Public Access Deputy Commissioner
The Governor in Council refers to the Governor acting on the advice of the Executive Council.3
Who is an ‘eligible person’?
Only ‘eligible persons’ may be appointed as the Public Access Deputy Commissioner.
The following persons are not eligible to be, and cannot be appointed as, the Public Access Deputy Commissioner:
- a Member of Parliament of Victoria or the Commonwealth or another State or Territory; and
- a member of a council.4
A ‘member of a council’ means a member of any municipal Council (including the Melbourne City Council and the Greater Geelong City Council).5
Length of term
A person appointed as the Public Access Deputy Commissioner may hold office for a maximum of two terms (whether the person serves the terms back-to-back or not).
One term is a maximum of five years.6
This means a person appointed as the Public Access Deputy Commissioner may act in that role for a maximum period of 10 years.
- Freedom of Information Act 1982 (Vic), section 6D(1).
- Freedom of Information Act 1982 (Vic), section 6C(1).
- Governor of Victoria, ‘Constitutional responsibilities, Executive Council’, The appointment, responsibilities and powers of the Governor of Victoria, the Hon. Linda Dessau AC.
- Freedom of Information Act 1982 (Vic), section 6D(2).
- Local Government Act 2020 (Vic), section 3(1).
- Freedom of Information Act 1982 (Vic), section 6F(1) defines how long a term is, which is a maximum of five years